“In the course of” in workers’ compensation means performing your job duties. This can include job duties performed while outside of your workplace. If your job requires you to do something that takes place elsewhere, such as a delivery driver or a task given by a supervisor outside of your normal workplace, that is considered “in the course of.”
What Happens If An Employee Is Partially At Fault For The Incident That Caused The Injury?
If an employee is partially at fault for the accident that caused an injury, they are still entitled to benefits as long as they are engaging in authorized activities that are necessary to perform their job. There is also no decrease in the benefits you’re entitled to, except under two circumstance. The first one is if you perform your job duties in a way that you were not trained to that is extremely dangerous and you are injured, your benefits could be reduced. Other than that, there is no decrease in benefits if you’re partially at fault. For example, if a delivery driver is negligent and causes a car accident, they’re still entitled to benefits. The second circumstance is if you are found to be the aggressor in a physical altercation while at work and became injured, you are not entitled to receive workers’ compensation benefits.
Does An Injured Worker Have To Be At The Physical Place Of Employment To Qualify For Workers’ Compensation?
As long as an employee’s job requires them to be outside of their physical place of employment, they qualify for workers’ compensation should they become injured. For instance, if an employee is a driver or someone whose job requires them to go to a client’s location to perform job duties, they are entitled to workers’ compensation.
What Is The Coming And Going Rule As It Relates To Workers’ Compensation?
The coming and going rule refers to when an employee is travelling to and from their place of employment. The general rule is an employee is not entitled to receive workers’ compensation benefits if they are injured while travelling to and from work. There are exceptions to this rule. If you are injured while going to or from work, you should contact an attorney to find out if you can file a workers’ compensation claim.
When Someone Has Been Injured And Believes They Have A Workers’ Compensation Claim, What Are The Ideal Proper Steps To Take?
The most important steps you can take is to report your injury to your employer as soon as possible. That is the most important step. After reporting the injury, you have to make sure to fill out some kind of claim form to document the injury. If your employer does not give you a claim form or refuses to fill one out, it is very important to try to go somewhere on your own right away to receive medical treatment so that it can be documented. That way, if the employer tries to say you didn’t report it, there is something to show that you did.
For more information on Workers’ Compensation Cases In California, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (866) 967-8691 today.
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